CREATIVE MITIGATION STRATEGIES FOR HISTORIC PROPERTIES · California Historical Landmarks # 770 &...

CREATIVE MITIGATION STRATEGIES FOR

HISTORIC PROPERTIES

Regulatory Framework Get the Facts Set the Stage Bring it Together How to Write Feasible & Defensible Measures Mitigation Examples

CREATIVE MITIGATION FOR HISTORIC PROPERTIES

CEQA Guidelines [Title 14, Chapter 3, §15064.5 (b)(2)(4)] (4) A lead agency shall identify potentially feasible measures to mitigate significance adverse changes in the significance of an historical resources.

SET THE STAGE

Mitigate: verb (used with object), mitigated, mitigating.

1. to lessen in force or intensity, as

wrath, grief, harshness, or pain; moderate.

2. to make less severe: to mitigate a punishment.

verb (used without object), mitigated, mitigating.

4. to become milder; lessen in

severity.

SET THE STAGE

CEQA Guidelines [Title 14, Chapter 3, §15064.5 (b)(2)(4)] (4-cont.) The lead agency shall ensure that any adopted measures to mitigate or avoid significance adverse changes are fully enforceable through permit conditions, agreements, or other measures.

SET THE STAGE

Properties Listed on California Register National Register- Listed or Determined Eligible California Historical Landmarks # 770 & above

Meeting Criteria of California Register Associated with Significant Events or Persons Embodies Type, Period, Method of Construction Yield Information Important in Prehistory or History

Included in a Local Register Must Meet PRC Criteria 5020.1(g) Presumed to Be Historically Significant Public Agencies Must Treat them as Significant

CEQA HISTORIC RESOURCES ARE:

Properties Listed on California Register National Register- Listed or Determined Eligible California Historical Landmarks # 770 & above

Meeting Criteria of California Register Associated with Significant Events or Persons Embodies Type, Period, Method of Construction Yield Important Information in History

Included in a Local Register Must Meet PRC Criteria 5020.1(g) Presumed to Be Historically Significant Public Agencies Must Treat them as Significant

CEQA HISTORIC RESOURCES ARE:

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(1)] (1) An EIR shall describe feasible measures which could minimize significant adverse impacts, including where relevant, inefficient and unnecessary consumption of energy.

REGULATORY FRAMEWORK

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(2)] (2)Measures must be fully enforceable through permit conditions, agreements or other legally-binding instruments


CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(3)] (3)Mitigation measures are not required for effects which are not found to be significant.


CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(4)(A)] (A)There must be an essential nexus (i.e. connection) between the mitigation measure and a legitimate governmental interest. (483US 825-1987)


CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(4)(B)] (B)The measures must be “roughly proportional” to the impacts on the project (512US 378-1994)


CEQA Guidelines [Title 14, Chapter 3, §15126.4 (b)(1)] (1-cont.)the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus is not significant.


GET THE FACTS

Get the Facts

Define the Property: What are: The boundaries? Period of Significance? Contributing/Non- Contributing Features? Criteria?

Get the Facts

Define the Property: What are: How is the historic significance decided and who decides? National, State and local significance

Get the Facts

Define the Project:

How will it affect the historic significance and essential physical fabric of the resource?

Focus on Foreseeable Significant Impacts Resulting From the Project:

Get the Facts

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(1)(A)] (A)The discussion shall identify mitigation measures for each significant environmental effect identified in the EIR.


CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(1)(B)] (B)Formulation of mitigation measures should not be deferred until a future time. May specify performance standards that could be accomplished in more than one way.


Use Impact Information to Identify Alternatives and Mitigation:

Get the Facts

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(1)(A)] (A)The discussion of mitigation measures shall distinguish between what is proposed by project and measures imposed by the lead agencies (or others)through conditions


SET THE STAGE

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (a)(2)] (2-cont.) In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design.


Adopt Policy Level Guidance

Develop policies that mandate historic preservation Prepare General Plan

Preservation Element Expand policy guidance in

community plans Set up Historical Resources

Board or Commission Update Municipal Code w/

provisions for overlay zones

SET THE STAGE

Establish Plan Level Impacts & Mitigation Programs Conduct Historic

Surveys: opportunities & constraints analysis Identify Historic

Properties Align Zoning Densities to

minimize development pressure

SET THE STAGE

Establish Plan Level Impacts & Mitigation Programs Identify potential

receiver sites for density transfers & conservation areas for historic property mitigation Include Menu of Options

for Unavoidable Impacts

SET THE STAGE

BRING IT ALL TOGETHER

Is Impact Significant under CEQA? Project Alternatives

Consider project objectives Consider other uses, locations

and configurations

Bring it Together

Is Impact Significant under CEQA? Project Level Mitigation

(Over, Under, Around & Through) Avoidance Minimize Impacts Mitigate Impacts (Use menu of options developed through Plan adoption)

Bring it Together

Feasibility Analysis: Economics Market Conditions Timing Legality Enforceability Statement of Overriding Considerations

Bring it Together

HOW TO WRITE FEASIBLE

AND DEFENSIBLE

MITIGATION MEASURES

Philosophy: Section 106 & CEQA

mandate no particular outcome Both are PROCESSES

that identify, assess impacts and consider alternatives to avoid or reduce impacts

HOW TO WRITE FEASIBLE & DEFENSIBLE MITIGATION MEASURES

Feasible & Defensible Mitigation Mitigation is Final Step Sliding Scale Tailored to

Resource type, size materials, location & significance Unavoidable loss of a

public benefit REQUIRES mitigation


Good Mitigation: Directly addresses the

loss of a historic resource. It is useful to the public It is readily accessible to

the public It is engaging and

mitigates (lessens) the loss of the historic property (memory)


CEQA Guidelines [Title 14, Chapter 3, §15064.5 (b)(2)(4)] (4-cont.) The lead agency shall ensure that any adopted measures to mitigate or avoid significance adverse changes are fully enforceable through permit conditions, agreements, or other measures.

SET THE STAGE

MITIGATION EXAMPLES

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (b)(1)] (1)Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resource will be conducted in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties….


Avoidance Alternatives

Retention in Place/ Rehabilitate According to the Secretary of the Interior’s Standards

Projects on Properties with Mills Act Contract Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Avoidance Alternatives

Retention in Place/ “Mothball” According to the NPS Guidelines


MITIGATION EXAMPLES

Minimization- Relocation Relocate On-Site Relocate Off-Site Offer Building for Sale Projects on Properties with Mills Act Contract Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Minimization- Architectural Design Guidelines in Historic Districts

Compatible Infill Do not “replicate” Projects on Properties with Mills Act Contract Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Minimization- Partial Retention

Add onto building

according to Secretary of the Interior’s Standards


MITIGATION EXAMPLES

Minimization- Partial Retention

Retain and rehabilitate

building (not necessarily to Secretary’s Standards) Retain a portion of

property (more than 50%) Projects on Properties with Mills Act Contract Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Mitigation- Salvage Retain portion of

building- (< 50%)- design around historic portion (e.g. façade-ism) Salvage and reuse

architectural features (e.g. doors, windows, etc.)

Guidelines (Districts)

MITIGATION EXAMPLES

Mitigation- Salvage Salvage and reuse

portions/materials for new development on site (e.g. brick paving, public art) Donate or sell unused

architectural features to museums, salvage yards, etc.

MITIGATION EXAMPLES

Mitigation- Documentation

Large-format

photography (HABS) Architectural Drawings Written Narrative Aerial Photography Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

CEQA Guidelines [Title 14, Chapter 3, §15126.4 (b)(1)] (1-cont.)the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus is not significant.


Mitigation- Interpretation On- Site Interpretation Resin-coated signage Bronze Plaques Blade Signs

Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Mitigation- On-Site Interpretation

Artifacts/ Pieces of

Historic Site (machinery, equipment, etc.) Structures, Sculpture,

Play Equipment, etc. Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Mitigation- Off-Site Interpretation

Display at local museum,

library, public building, airport, etc. Published books,

pamphlets, walking tours, post-cards, puzzles, etc.

Projects in Areas with Design Guidelines (Districts)

MITIGATION EXAMPLES

Multi-Media Interpretation Feature-length

Documentary Film Short format film (lobby,

internet) Electronic books,

pamphlets, walking tours, telephone Aps, etc. Website Oral History Interviews

MITIGATION EXAMPLES

Mitigation- Commemoration

Free-standing signage

(tombstone) Commemorative

Signage- streets, parks, neighborhoods, etc.

MITIGATION EXAMPLES

Mitigation- Remuneration Establish Mitigation Fund Establish Memorial Fund

MITIGATION EXAMPLES

Is the resources’ significance clearly defined?

Is there a strong nexus between the property’s significance and impact?

Locate & quantify HOW the project will impair the physical integrity

Conduct a Survey of Historic Properties

Start Identifying Historic Properties NOW

Establish Process for Review

Identify How Historic Properties Benefit You

Make Preservation

Benefit the Public

MITIGATION CHECKLIST

Is the mitigation feasible? (economically/technically?)

Will the responsible parties agree to the mitigation, cost, location, timeline?

What are the parameters of the mitigation? (Where, when, how much, who?)





Make Preservation Benefit the Public


Is there a mitigation plan that documents resource prior to implementation?

Is there project monitoring and reporting?

Who is accountable?

Will the mitigation result in additional impacts?







Are there Conditions of Approval that must be met?

What are the penalties for non-performance?

Who does final inspection and C of Completion?

Is there a legally binding Agreement and Mitigation Plan?







NOW YOU HAVE ALL THE TOOLS FOR

SUCCESS!

GOOD LUCK!

Questions? Contact Us!

Deborah M. Rosenthal, AICP Sheppard Mullin Richter & Hampton LLP

650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993

714.424.2821 [email protected]

Andrea Galvin GPA Consulting

231 California Street El Segundo, CA 90245

310. 792.2690 [email protected]

CREATIVE MITIGATION STRATEGIES FOR HISTORIC PROPERTIES · California Historical Landmarks # 770 &...

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